What Is Parental Responsibility?
Parental responsibility (PR) is defined within the Children Act as “all the rights, duties, powers, responsibilities and authorities which by law a parent of a child has in relation to the child and his property.”
In essence, this concerns the responsibilities a parent has for a child, which may include decisions regarding anything from:
Education
Religion
Medical treatment
Child’s surname; and
Simply down to the child’s day to daycare.
PR continues until, either, the child is aged 18 or the Court terminates it, the latter of which is very rare.
Do Parents Have PR?
Mothers
A biological mother always has parental responsibility for the child.
Fathers
Before 01 December 2003, a father would only automatically have PR if he is married to the mother at the time of the birth of the child.
Only after 01 December 2003, has it been that biological fathers that are not married to the mother will have PR automatically if he is named on the birth certificate of the child.
A father who does not automatically have PR may acquire it by:
1. Marrying the mother of the child;
2. Entering into a PR agreement with the mother of the children;
3. Order of the Court.
More than one person may have PR for a child, however, no one person with PR has more of a right to have a say in decisions than another with PR. There is an equal right. If all those with PR are unable to agree on a course of action, then the matter can be referred to the Court for the decision, this can include how often the child stays with either parent.
The Death Of Someone With Parental Responsibility
This may sound gloomy, but no one does, in fact, think about the consequences if, for example, the mother dies and there is no other person with PR, or, the mother dies, and the father does not have PR.
If the mother dies, and the father does not have PR (nor does anybody else), but she has appointed a Guardian, then the Guardian will care for the children. If the mother has not appointed a Guardian, then this will be a matter for the Court to decide.
If a mother dies and the father has PR, then the father will care for the children, even if the mother has appointed a Guardian, as that Guardian only comes into effect when everyone with parental responsibility has died.
Please contact me with your questions.
0207 183 4595
The information provided in this article is not intended to constitute professional advice and you should take full and comprehensive legal, accountancy or financial advice as appropriate on your individual circumstances by a fully qualified Solicitor, Accountant or Financial Advisor/Mortgage Broker before you embark on any course of action.
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